Tuesday, August 18, 2009

Lawyers who got holocaust denier locked up try to justify their attack on free speech

Freedom of speech should not be freedom to vilify, argue Steven Lewis and Peter Wertheim below -- without offering any evidence that such vilification leads to any physical harm to those vilified. What they offer is just a series of shallow and unsubstantited assertions. Can they name even ONE person who was moved by Mr. Toben's rants to attack a Jew? To show how shallow their argument is, contemplate this: I do my best to vilify the Queensland police, because I believe I have good grounds for doing so. Should I be prevented from doing that? It might also be noted that the lawyers concerned do a fair job of vilifying Mr. Toben. Why is that OK if vilification is of itself such a bad thing? I think that their argument reduces to nothing more than an aways-easy attack on unpopular speech. Wiser heads in the U.S. judiciary have of course ruled that holocaust denial is protected free speech, obnoxious though it may be

In a legal first, Australia's most notorious Holocaust denier, Fredrik Toben, has been jailed for three months following the failure of his appeal this week for contempt of court arising from breaches of Australia's anti-vilification laws.

The sentence follows seven years of Toben repeatedly ignoring court orders requiring him to remove racist material from his Adelaide Institute website.

His journey to prison began in 2002 when the Federal Court found Toben's website breached the racial-hatred provisions of the Racial Discrimination Act.

According to the court, material on the site suggested the Holocaust did not occur, that there were no gas chambers at Auschwitz, that Jewish people who believed in the Holocaust were of limited intelligence and that they have exaggerated the number of Jews killed during World War II to profit from what he described as "a Holocaust myth".

But it's not these claims, no matter how offensive they may be, that have landed Toben with a prison term. There are no criminal sanctions under the act.

Toben is going to jail for contempt of court. He was ordered to remove the offending material and he didn't. He promised to remove the material and then reneged. He apologised to the court but then recanted. True to form, he all but invited the court to lock him up.

Toben referred to judges as "the Jewdiciary" and, again true to form, accused them of bias without a shred of evidence. We all have to obey the law and court orders. There are no special rules and privileges for the Tobens of this world.

While the decision to jail Toben will be welcomed by most fair-minded people, questions will rightly be asked about free speech and turning Toben into a poster-boy for racist fringe groups.

The suggestion that Toben, and others like him, should be able to say whatever they like regardless of how hurtful, inaccurate and ugly it might be, goes to the heart of our dearly held belief in freedom of expression.

But does this sort of commentary, publicly attacking people because of their race, ethnicity or religion, really constitute community debate? Is it an exercise of free speech, or an abuse of it? When Jews in Australia are targeted, these questions take on a very sharp edge. Australia has the world's second highest percentage of Holocaust survivors after Israel.

Like all freedoms, the proper limits of free speech are exceeded when it is about causing harm. The basic question is whether vilification is sufficiently harmful to justify an intrusion by the law into this fundamental personal freedom.

Whether it's Jews, Muslims, homosexuals or women, the public vilification of entire groups of people can only undermine, and ultimately destroy, their sense of security, the birthright of every Australian.

Being constantly vilified as a member of a group, instead of being judged on one's individual merits, compromises one's social relationships. One is put on the defensive with workmates, friends, neighbours and anyone else with whom one interacts. Such is the power of modern communications. And vilification is the invariable precursor to violence against members of the targeted group.

The Racial Discrimination Act protects innocent people from this sort of harm.

But the harm has to be proved in court according to objective criteria. The act makes it clear that it is not unlawful to publish material in good faith as part of a genuine academic, artistic or scientific debate, whether anyone takes offence or not. What's clear in the Toben case, and what the court found, was that his material is not part of a genuine debate about history or politics, as he claimed. The real thrust of his material is to use the internet to stoke up hatred against Jews as a group.

Some argue that if Toben had been left alone to spruik from his Adelaide-based hate website he would have remained an obscure failed school teacher talking to like-minded nutters. Not so. Toben is a determined publicity hound. In 1999 he travelled to his native Germany and was convicted in Mannheim of incitement to racial hatred and Holocaust denial. In Germany, for obvious reasons, trying to whitewash the Nazis' crimes is a criminal offence. Toben spent seven months in jail.

In 2006, Toben went to Tehran for an anti-Semitic hatefest, hobnobbing in the media limelight with a cavalcade of some of the world's most notorious racists including Iranian President Ahmadinejad and US Ku Klux Klansman David Duke.

The publicity around the legal proceedings against Toben in Australia has been a mere zephyr in his international media whirl.

For reasons that defy conventional analysis, Toben has spent most of his adult life vainly working to rehabilitate the universally disgraced reputation of Nazi Germany. And for Toben, "the Jews" are the principal obstacle.

If Toben and his patsies confined their activities to ranting among themselves in private, few would care. But using our cherished freedoms and easy access to the mass media as a way of striking at the security of an entire group of people on racial grounds tears at the fabric of our community and ultimately threatens those very freedoms.

History has vividly demonstrated that the relentless infusion of racism into public discourse is like drip-feeding poison into the democratic body politic. And in the words of American philosopher George Santayana: "Those who do not remember the past are condemned to repeat it."

In the name of "safety", childcare is to be made far too dear for most families. This will lead to a lot of "backyard" operations or very impoverished families

QUEENSLAND parents could soon be paying $5000 more a year for child care, under a Federal Government plan to lift preschool education standards. The proposed changes will be rolled out in all Australian childcare centres in a bid to tighten up the industry by improving staff-to-child ratios and qualifications. But industry experts say the cost to parents is likely to be "substantial" and make it even harder to find childcare places. A government report by consultants Access Economics shows how, under one scenario, childcare costs could jump by $125 per child per week if all changes were implemented.

Childcare Queensland president Gwynn Bridge said initial costings suggested most childcare centres in Queensland would likely have to raise annual fees by $5000 a child. She said changes to staff-to-child ratios would force some centres to take even fewer children. "We are extremely concerned about this plan, as the incurring costs to families is looking to be substantial," Ms Bridge said. "The repercussions for Queensland are terrible, and we are in a unique and uncomfortable position compared with other states. "Childcare places for babies are already under high demand, and the proposed changes mean we will be able to take on even fewer. "We are advocating on behalf of families to ensure we get the best outcome for our Queensland families, who are already doing it tough."

The plan will be implemented by July 1 next year, following consultation with the industry, and be fully in place by January 2012. Childcare Queensland will make submissions to the Government by August 31.

Under the planned changes, one carer would be responsible for five children aged between 2½ and 3, rather than the current eight children, and one carer would look after 11 children aged between 3 and 5, rather than the current one staff to 12 children ratio. The current Queensland baby ratio is one to four aged up to 15 months, but this would change to one to three for up to 2 years. Childcare workers would also be required to have one staff member with a four-year teaching qualification at a tertiary level.

Child Care National Association president Chris Buck said families had been kept in the dark about the extra costs involved. "If perceived quality goes up, so do the costs," he said. "The risk being run by the Government is that fewer families will be able to afford child care."

PEOPLE have flocked to private health insurance in an apparent rejection of the Rudd Government's ability to fix the public health system and in a bid to escape a new levy. The Private Health Insurance Administration Council will today report that private health coverage increased by about 43,000 people since the March quarter – or about 211,000 more people compared with the same time last year.

The Courier-Mail can also report that Queensland Health cancelled 273 elective surgeries in the past month – up from 121 the year before. "Queensland hospitals are currently experiencing an increased demand due to seasonal winter symptoms and H1N1 (and) the increased demand has resulted in some elective surgery patients being postponed due to no ward or intensive care unit beds," a spokesman said.

Federal Opposition health spokesman Peter Dutton questioned the ability of Queensland Health to run an effective system at a time when billions have been diverted to the public health sector, much of it to cut elective surgery waiting lists.

Today's release of the new private health statistics – recorded during rising unemployment, the global financial meltdown and a 6 per cent rise on premiums – comes just days before the Rudd Government introduces a Budget measure that will no longer give high-earners a rebate for taking up private health insurance. But the Bill will be knocked back in the Senate by the Coalition and Independent Senator Nick Xenophon.

The Coalition has accused the Government of breaking its promise to retain support for private health insurance. The Government has already implemented a measure this year, requiring more people to take on private health insurance or face a levy. It sparked the Opposition to claim people would drop out, thereby driving up premiums.

Buoyed by the results, Health Minister Nicola Roxon, who attacked the Liberals yesterday on News Ltd's online site, The Punch, said the Coalition should not use low and middle-income earners to prop up rebates for the rich. Under the new Bill, rebates will be removed for singles earning more than $120,000; reduced from 30 to 10 per cent for those earning more than $90,000; and to 20 per cent for those on more than $75,000.

A GROUP that claims vaccines cause autism, brain damage and cancer has been reported to the healthcare watchdog for allegedly spreading misinformation and endangering children's health. The official complaint to the Health Care Complaints Commission follows a newspaper advertisement paid for by businessman Dick Smith pleading with parents to ignore the Australian Vaccination Network's fear campaign.

AVN is run by Meryl Dorey, who publishes a website and newsletter, campaigns against mass public immunisation programs and promotes the use of homeopathy to prevent disease.

The Australian Skeptics group supports the complaint that Ms Dorey and the network are breaching the Health Care Complaints Act by making unsubstantiated health claims based on "conspiracy theories", pseudo-scientific evidence and debunked research.

Ms Dorey, of Bangalow on the Far North Coast, says her eldest son, now 20, was "vaccine-injured" from the diphtheria-tetanus-polio immunisation when he was two months old and the measles-mumps-rubella shot at 12 months. She attributes his life-long sleep apnoea and allergies to the vaccinations. Ms Dorey said she was not anti-vaccination, just "pro-information and pro-choice". "We never have and never will tell anyone that they should not vaccinate. We simply fill the information void left by government and the mainstream medical community," she said.

But Dick Smith, the Skeptics and the author of the complaint, Ken McLeod, say Ms Dorey and AVN do not promote choice because her speeches and publications never mention the proven benefits of immunisation, and the group's motto is: "Love them, protect them, never inject them.". "They can have their view but be upfront about it and don't quote dubious scientific evidence that has been debunked," Skeptics executive officer Tim Mendham said.

Mr Smith wrote and funded the advertisement because he believed young, vulnerable mothers were being conned by the network's claim to be an independent voice.

Complaints commission executive officer Kim Swan said the allegations were being assessed, and AVN had been asked to respond. Ms Dorey said the commission did not have jurisdiction over her or the network because she was not medically qualified and did not provide a health service.

Good stuff but it is rather surprising that they are defying the teachers' unions. Has some deal been done?

TEACHERS' pay could soon reflect their value in the classroom while schools' performance will be made public as an online report card rolls out next year.

Deputy Prime Minister and Education Minister Julia Gillard believes teachers should be remunerated using a merit-based pay system and will work with education experts to develop a national benchmark that will rank every teacher's value. Ms Gillard said a top-tier band existed in many states and territories and the only way for them to get paid more was to move away from face-to-face teaching. "We want to reward teachers - especially great quality teachers - and (those) prepared to go to disadvantaged schools where their excellent teaching skills can make the most difference," Ms Gillard said.

"Under the system that we're proposing, we would have a national accreditation system where people could be judged against national standards. "Then we want to see school systems better rewarding those highly accomplished teachers, particularly for teaching in disadvantaged schools." Some of those standards incorporate face-to-face teaching skills and knowledge of the curriculum.

From 2010 people will be able to compare schools using an online portal that will rank schools, compare resources and show teachers' qualifications. "We need greater transparency ... so we know what's happening in each and every school and so does the public," Ms Gillard said. Other means include the publication of national education results.

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Background

Postings from Brisbane, Australia by John Ray (M.A.; Ph.D.) -- former member of the Australia-Soviet Friendship Society, former anarcho-capitalist and former member of the British Conservative party.

Most academics are lockstep Leftists so readers do sometimes doubt that I have the qualifications mentioned above. Photocopies of my academic and military certificates are however all viewable here

For overseas readers: The "ALP" is the Australian Labor Party -- Australia's major Leftist party. The "Liberal" party is Australia's major conservative political party.

In most Australian States there are two conservative political parties, the city-based Liberal party and the rural-based National party. But in Queensland those two parties are amalgamated as the LNP.

Again for overseas readers: Like the USA, Germany and India, Australia has State governments as well as the Federal government. So it may be useful to know the usual abbreviations for the Australian States: QLD (Queensland), NSW (New South Wales), WA (Western Australia), VIC (Victoria), TAS (Tasmania), SA (South Australia).

For American readers: A "pensioner" is a retired person living on Social Security

"Digger" is an honorific term for an Australian soldier

Another lesson in Australian: When an Australian calls someone a "big-noter", he is saying that the person is a chronic and rather pathetic seeker of admiration -- as in someone who often pulls out "big notes" (e.g. $100.00 bills) to pay for things, thus endeavouring to create the impression that he is rich. The term describes the mentality rather than the actual behavior with money and it aptly describes many Leftists. When they purport to show "compassion" by advocating things that cost themselves nothing (e.g. advocating more taxes on "the rich" to help "the poor"), an Australian might say that the Leftist is "big-noting himself". There is an example of the usage here. The term conveys contempt. There is a wise description of Australians generally here

Another bit of Australian: Any bad writing or messy anything was once often described as being "like a pakapoo ticket". In origin this phrase refers to a ticket written with Chinese characters - and thus inscrutably confusing to Western eyes. These tickets were part of a Chinese gambling game called "pakapoo".

Two of my ancestors were convicts so my family has been in Australia for a long time. As well as that, all four of my grandparents were born in the State where I was born and still live: Queensland. And I am even a member of the world's second-most condemned minority: WASPs (the most condemned is of course the Jews -- which may be why I tend to like Jews). So I think I am as Australian as you can get. I certainly feel that way. I like all things that are iconically Australian: meat pies, Vegemite, Henry Lawson etc. I particularly pride myself on my familiarity with the great Australian slanguage. I draw the line at Iced Vo-Vos and betting on the neddies, however. So if I cannot comment insightfully on Australian affairs, who could?

My son Joe

On all my blogs, I express my view of what is important primarily by the readings that I select for posting. I do however on occasions add personal comments in italicized form at the beginning of an article.

I am rather pleased to report that I am a lifelong conservative. Out of intellectual curiosity, I did in my youth join organizations from right across the political spectrum so I am certainly not closed-minded and am very familiar with the full spectrum of political thinking. Nonetheless, I did not have to undergo the lurch from Left to Right that so many people undergo. At age 13 I used my pocket-money to subscribe to the "Reader's Digest" -- the main conservative organ available in small town Australia of the 1950s. I have learnt much since but am pleased and amused to note that history has since confirmed most of what I thought at that early age.

I imagine that the the RD is still sending mailouts to my 1950s address!

I am an army man. Although my service in the Australian army was chiefly noted for its un-notability, I DID join voluntarily in the Vietnam era, I DID reach the rank of Sergeant, and I DID volunteer for a posting in Vietnam. So I think I may be forgiven for saying something that most army men think but which most don't say because they think it is too obvious: The profession of arms is the noblest profession of all because it is the only profession where you offer to lay down your life in performing your duties. Our men fought so that people could say and think what they like but I myself always treat military men with great respect -- respect which in my view is simply their due.

The kneejerk response of the Green/Left to people who challenge them is to say that the challenger is in the pay of "Big Oil", "Big Business", "Big Pharma", "Exxon-Mobil", "The Pioneer Fund" or some other entity that they see, in their childish way, as a boogeyman. So I think it might be useful for me to point out that I have NEVER received one cent from anybody by way of support for what I write. As a retired person, I live entirely on my own investments. I do not work for anybody and I am not beholden to anybody. And I have NO investments in oil companies or mining companies

Although I have been an atheist for all my adult life, I have no hesitation in saying that the single book which has influenced me most is the New Testament. And my Scripture blog will show that I know whereof I speak.

The Rt. Rev. Phil Case (Moderator of the Presbyterian church in Queensland) is a Pharisee, a hypocrite, an abomination and a "whited sepulchre".

English-born Australian novellist, Patrick White was a great favourite in literary circles. He even won a Nobel prize. But I and many others I have spoken to find his novels very turgid and boring. Despite my interest in history, I could only get through about a third of his historical novel Voss before I gave up. So why has he been so popular in literary circles? Easy. He was a miserable old Leftist coot, and, incidentally, a homosexual. And literary people are mostly Leftists with similar levels of anger and alienation from mainstream society. They enjoy his jaundiced outlook, his dissatisfaction, rage and anger.

Would you believe that there once was a politician whose nickname was "Honest"? "Honest" Frank Nicklin M.M. was a war hero, a banana farmer and later the conservative Premier of my home State of Queensland in the '60s. He was even popular with the bureaucracy and gave the State a remarkably tranquil 10 years during his time in office. Sad that there are so few like him.

Revered Labour Party leader Gough Whitlam was a very erudite man so he cannot have been unaware of the similarities of his famous phrase “the Party, the platform, the people” with an earlier slogan: "Ein Volk, ein Reich, ein Fuehrer". It's basically the same slogan in reverse order.

Australia's original inhabitants were a race of pygmies, some of whom survived into modern times in the mountainous regions of the Atherton tableland in far North Queensland. See also here. Below is a picture of one of them taken in 2007, when she was 105 years old and 3'7" tall

Julia Gillard, a failed feminist flop. She was given the job of Prime Minister of Australia but her feminist preaching was so unpopular that she was booted out of the job by her own Leftist party. Her signature "achievements" were the carbon tax and the mining tax, both of which were repealed by the next government.

The "White Australia Policy: "The Immigration Restriction Act was not about white supremacy, racism, or the belief that whites were higher up the evolutionary tree than the coloured races. Rather, it was designed to STOP the racist exploitation of non-whites (all of whom would have been illiterate peasants practicing religions and cultures anathema to progressive democracy) being conscripted into a life of semi-slavery in a coolie-worked plantation economy for the benefit of the absolute monarchs, hereditary aristocracy and the super-wealthy companies and share-holders of the northern hemisphere.

A great little kid

In November 2007, a four-year-old boy was found playing in a croc-infested Territory creek after sneaking off pig hunting alone with four dogs and a puppy. The toddler was found five-and-a-half hours after he set off from his parents' house playing in a creek with the puppy. Amazingly, Daniel Woditj also swam two creeks known to be inhabited by crocs during his adventurous romp. Mr Knight said that after walking for several kilometres, Daniel came to a creek and swam across it. Four of his dogs "bailed up" at the creek but the youngster continued on undaunted with his puppy to a second creek. Mr Knight said Daniel swam the second croc-infested creek and walked on for several more kilometres. "Captain is a hard bushman and Daniel is following in his footsteps. They breed them tough out bush."

A great Australian: His eminence George Pell. Pictured in devout company before his elevation to Rome

There are also two blogspot blogs which record what I think are my main recent articles here and here. Similar content can be more conveniently accessed via my subject-indexed list of short articles here or here (I rarely write long articles these days)

NOTE: The archives provided by blogspot below are rather inconvenient. They break each month up into small bits. If you want to scan whole months at a time, the backup archives will suit better. See here or here

About Me

I am a 5'10" tall, jocular former university teacher aged 70 at the time of writing in early 2014 who still has a fair bit of hair. I am Australian born of working class origins and British ancestry. My doctorate is in psychology but I taught mainly sociology (Research Methods) in my 14 years as a university teacher. In High Schools I taught economics. I have taught in both traditional and "progressive" (low discipline) High Schools. My main interests are blogging, classical music, history, the stockmarket, current affairs and languages. I have been married four times to four fine women with whom I am still on amicable terms. I have one son born in 1987. I am totally non-sporting and have never owned a firearm. My brother has enough guns for the whole family. I did however enjoy my weapons training in the Army.
Fuller biographical notes here